24250076B-TL_-_Carpet_Cleaning_ITB.pdf

(Rev. 2-01-22)

INVITATION TO BID AND BIDDER’S ACKNOWLEDGEMENT

POSTING DATE: PURCHASING CONTACT: Travis Loyd, February 27, 2025 Procurement Agent II,407-320-0375, Email Address: Loydtz@scps.k12.fl.us

BID NUMBER AND TITLE: ITB 24250076B-TL - Carpet Cleaning

BID DUE DATE & TIME

March 17, 2025, by 12:00 P.M. EST Bid opening will be via WebEx and dial-in only at meeting number (access code): 2864 659 1648, meeting password:

VBypvdqr293 or call 1-415-655-0003.

NOTE: BIDS RECEIVED AFTER THE BID DUE DATE AND TIME WILL NOT BE ACCEPTED.

PRE-BID MEETING DATE & TIME: Voluntary – March 5, 2025, at 10:00 AM EST, via WebEx and dial-in only at WebEx meeting number (access code): 2866 646 0539, password: syCfC23hUt9 or call 1-415-655-0003.

The School Board of Seminole County, Florida, solicits your company to submit a Bid on the above-referenced goods and/or services.

All terms, specifications and conditions set forth in this invitation are incorporated by this reference into your response. A Bid will not be accepted unless all conditions have been met. In the event of a conflict between the General Purchasing Terms and Conditions and any subsequent Special Conditions included herein or attached hereto, the Special Conditions will have precedence. All Bids must have an authorized signature in the space provided below. All Bids must be received in the Vendorlink portal, www.myvendorlink.com, by the “Bid Due Date & Time” referenced above. The School Board is not responsible for bidders’ failure to upload their bids by the due date and time.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR BID. BIDS WILL NOT BE

ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED AGENT OF THE BIDDER.

LEGAL NAME OF COMPANY (AS REGISTERED IN WWW.SUNBIZ.ORG OR AS REGISTERED IN YOUR STATE):

MAILING ADDRESS: _______________________________________________________________________________________________________

CITY, STATE, ZIP: _________________________________________________________________________________________________________

FEDERAL EMPLOYER S IDENTIFICATION NUMBER (FEIN): ______________________________________________________________________

FLORIDA DIVISION OF CORPORATION DOCUMENT NUMBER: ___________________________________________________________________

TELEPHONE NUMBER: _______________________________ E-MAIL: _________________________________________________________

I CERTIFY THAT THIS BID IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER BIDDER SUBMITTING A BID FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE TO ALL CONDITIONS OF THIS BID AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS BID

FOR THE BIDDER.

TYPED OR

AUTHORIZED SIGNATURE: ___________________________ PRINTED NAME: _____________________________________________________

TITLE: DATE:

THE SCHOOL BOARD OF SEMINOLE COUNTY FLORIDA

PURCHASING AND DISTRIBUTION SERVICES DEPARTMENT

400 East Lake Mary Boulevard Sanford, Florida 32773-7127

ITB24250076B-TL – Carpet Cleaning Page 2 of 31 Last update: 10-14-24

I. SPECIAL CONDITIONS

1. INTRODUCTION. Seminole County Public Schools (SCPS) consists of 37 elementary schools, 12 middle schools, nine (9) high schools, six (6) special centers, a virtual school, and four (4) charter schools. “The purpose of this ITB is to award a contract or to issue multiple awards to the responsive and responsible bidder(s) who can provide carpet care at multiple facilities throughout the School District”.

2. PRE-SOLICITATION MEETING. A voluntary pre-solicitation meeting will be held for all interested Bidders on the day and time listed on page 1 of this solicitation. An overview of the solicitation process and review of scope of services will be conducted at this meeting. Any questions regarding the technical specifications shall be submitted in an email to the Procurement Agent responsible for this solicitation. Answers to these questions will be issued in the form of a written addendum.

3. TERM. This Bid will be effective upon Board approval or April 29, 2025, whichever is later, for a period of three (3) years and may be renewed for an additional two-year renewal period upon agreement by all parties. The School Board of Seminole County Florida reserves the right to cancel this contract by giving 30 days’ notice of cancellation before the end of any fiscal year that falls within the term of this contract. Please refer to Section 3, for multiyear agreements.

4. AWARD. Bid shall be awarded all or none, by lot, by partial lot, or by item as indicated in Exhibit B, Price Schedule, to the lowest responsive and responsible bidder(s) meeting all specifications, terms and conditions. Bidder should carefully consider each item for conformance to bid specifications. In addition, the School Board reserves the right to make multiple awards such as a primary, secondary, etc. for all items.

5. QUANTITIES / VOLUME OF BUSINESS. Quantities shown on the Price Schedule are the School Board’s anticipated needs and are not to imply or guarantee any purchase quantities during the term of this agreement.

6. DELIVERY OF PROPOSALS. All proposals must be received and accepted in the Vendorlink portal, www.myvendorlink.com before the ITB Closing Date and Time to be considered.

II. SPECIFICATIONS / SCOPE OF WORK

1. It is the objective of the School Board to obtain full cleaning performance in accordance with the terms of the specifications, and at the quality standards of work set forth in this contract. To this end, the School Board is contracting for the complete performance of each cleaning job as identified in the specifications. Failure to perform to ITB #24250076B-TL Carpet Cleaning SBSC expectations may result in the vendor having to redo the services at their sole cost. Services performed under this contract shall be subject to inspection and approval by SBSC representative(s).

2. CARPET PREPARATION:

A. Use wet floor signs or handwritten signs to direct students, staff, or general public around the work area.

B. Diagram furniture placement and remove furniture from area to be cleaned.

C. Vacuum the carpet and mats thoroughly, remove debris, clean dirt and dust from corners, edges, and baseboards.

D. On a truck mounted unit, 400’ hose is adequate for most of our facilities.

E. Place barricades across doorways to keep moisture from spreading to unwanted areas.

F. Provide a foot wipe to avoid tracking at doors.

G. Protect hard floors bordering the carpet from abuse or damage.

ITB24250076B-TL – Carpet Cleaning Page 3 of 31 Last update: 10-14-24

3. CARPET EXTRACTION:

A. Hot water extraction is the only approved carpet cleaning method. All carpet cleaning shall be performed with a truck mounted unit, unless requested in writing, otherwise, by an SBSC representative.

B. Do not saturate carpet during the extraction process. Only use cleaning chemicals which leave little or no residue.

C. Extraction Method: The carpets and mats shall be prepared by cleaning to remove spots;

gum, tar and other substances, then thoroughly vacuumed ensuring the complete removal of sand and loose soil. Shampooing (extraction) shall be performed with an approved non-resoling shampoo solutions and methods. Extraction equipment shall be evaluated and approved effective by the Carpet and Rug Institute (CRI) at the bronze level or better and carry the CRI Seal of Approval. Truck mounted water cleaning temperature shall be 185 to 212 degrees Fahrenheit. The carpet shall be vacuumed when dry. On completion the carpet and mats shall be clean smelling and have a uniform appearance, be clean and free from spots, soil, gum and other disfigurements.

D. Place protection across the doorways to provide a foot wipe and avoid tracking. Protect tile bordering the carpet.

E. Spot clean and remove obvious surface soil from carpet. Clean edges and corners.

F. Extract and clean carpet. Be cautious of excessive foaming and take appropriate measures to correct.

G. Repeated passes may be necessary to clean and extract thoroughly. Remove as much water as possible to improve dry time.

H. Drying times will vary. Use carpet dryers to hasten dry times. Replace furniture.

I. Note: If furniture must be moved back into the room before carpet is completely dry, use aluminum foil, or approved carpet protectors, under the legs to prevent rust or furniture stains from developing on the carpet.

4. INSPECTION:

A. SELF-INSPECTION: Review work accomplished to ensure the cleaning quality standards and requirements of this procedure have been met. Make any necessary corrections before leaving the area. Report all maintenance needs to the head custodian or cost center administrator. Emergencies should be reported immediately to the SCPS 24-hour number 407-320-3003.

B. POST CLEANING INSPECTION: After accomplishing the required cleaning tasks, perform post- cleaning building inspection with cost center building administrator and / or Custodial Services Department administrator.

C. Note any abnormality(s), damage or special school requests.

D. Determine if contract standards have been met. Document any work that was not performed

E. Return keys and codes

F. Review cooperation and assistance provided by cost center and document any need for adjustment for future cleaning.

G. Discuss chair protection or furniture repair needed

H. Inspect mats and make recommendations

ITB24250076B-TL – Carpet Cleaning Page 4 of 31 Last update: 10-14-24

I. Identify damaged finish, floor or carpet

J. Provide written documentation to school principal and Custodial Services on each of the above inspection requirements within three days of post cleaning inspection.

K. District Custodial Services Department will inspect completed work and may inspect any work in progress at any time.

5. SECURITY:

A. Coordinate security with building occupants each day.

B. Contractor is responsible for building security while working on SBSC property. Ensure all reasonable measures are taken to protect grounds, buildings and contents.

6. INVOICING:

A. Invoices shall use applicable room numbers. Invoice shall include school, building, room or area, square footage and cleaning operation completed.

1) School Name: _____________________________

2) Building# _______________________________

3) ________ square feet of carpet cleaning @ ________¢ per square foot

4) Total cost $ __________

7. CLEANING QUALITY STANDARDS:

A. Services performed under this contract shall be subject to inspection and approval by the SBSC representative or his representative. This paragraph outlines some of the minimum acceptable standards. No damage shall be caused to surfaces cleaned to comply with these standards:

B. Obvious surface soil referred to is the removal of any visible foreign matter found on the floor, rug, mat, or carpet surface and includes, but is not limited to, paper clips, staples, metal fasteners, pencil shavings, erasures, paper pieces, fragments, clippings and hole punches, mud, sand, rubber bands, etc.

C. Spot cleaning referred to is the removal of any visible debris found on the floor, mat, rug, or carpet and includes but is not limited to foreign matter soil, sand, grease, oil, beverages, tar, chewing gum, rust, heel marks, mud, food, etc.

D. Manufacturer's directions and recommendations referred to shall include all instruction, methods, procedures, equipment, supplies, etc. recommended by the manufacturer for the use, maintenance, care and upkeep of their products and includes using and disposing of cleaning chemicals.

E. For all operations where furniture and equipment must be moved, no chairs, wastepaper baskets, or other similar items shall be stacked on desks, tables or windowsills. Upon completion of work, all furniture and equipment must be returned to its original position.

F. Baseboards, walls, stair risers, fixtures, furniture and equipment shall in no way be splashed, disfigured, or damaged during carpet care operations.

G. Proper precautions such as the posting of wet floor signs shall be taken to advise building occupants of wet and/or slippery floor conditions; this applies during inclement weather, as well as during cleaning operations. All tools and equipment shall be maintained in clean condition at all times and neatly stored each night in the assigned storage areas/rooms

ITB24250076B-TL – Carpet Cleaning Page 5 of 31 Last update: 10-14-24

III. SUBMITTAL REQUIREMENTS. The Bidder shall include the following documents with their submittal:

1. Invitation to Bid and Bidder’s Acknowledgment (on Page 1) - Signed by an authorized representative of the Bidder.

2. Exhibit B, Price Schedule - Signed by the Bidder.

3. Attachment – “A,” Drug-Free Workplace Certification

4. Attachment – “B,” Reference Document (minimum of three (3) references.) **References not required from vendors with current, active contract(s) with SBSC.

5. Attachment – “C,” Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions

6. Attachment – “D,” Disclosure of any Conflict of Interest

7. Attachment – “E,” Scrutinized Company Certification

8. Attachment – “F,” Byrd Anti-Lobbying Amendment Certification (To be submitted if bid exceeds $100,000)

9. Attachment – “G,” Emergency / Storm Related Catastrophe Agreement

10. Attachment – “H,” Bidder’s Statement of Principal Place of Business

11. Attachment – “I,” Vendor Affidavit Regarding the Use of Coercion for Labor and Services

12. Addenda, if applicable - Signed by the Bidder

13. If a Florida Corporation, a screenshot of the company’s “ACTIVE” business entity registration through sunbiz.org.

14. If a Non-Florida Corporation (Foreign), a screenshot of the company’s “ACTIVE” business entity registration.

**MAKE SURE ALL DOCUMENTATION IS SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE

BIDDER. FAILURE TO COMPLY MAY RESULT IN DISQUALIFICATION ON THE GROUNDS OF NON-

RESPONSIVENESS TO THE REQUIREMENTS OF THE BID.

IV. GENERAL PURCHASING TERMS AND CONDITIONS. These general terms will apply to all purchases by the School Board as a result of an award hereunder. In the event of a conflict between Section II and subsequent sections herein, the provisions of any subsequent sections shall be specific to the goods or services requested and shall have precedence. The titles used are for convenience only; the Bidder is responsible for understanding and complying with all terms and conditions herein.

1. DEFINITIONS.

A. The School Board of Seminole County, Florida may be referred to as the “Board,”

“School Board” or “SBSC” herein.

B. Contractor. For this Invitation to Bid (ITB), the word “Contractor” shall have the same meaning as “Bidder,” “Business Entity,” “Individual,” “Proposer,” “Respondent,” and “Vendor” who submits a written response to this ITB; and shall have the same meaning for any successful awardee(s) hereunder.

C. Non-Responsible. A Contractor, business entity, or individual that responds to this ITB and the response does not provide the required documentation supporting that it has the ability or capability to fully perform the requirements of the solicitation.

D. Non-Responsive. A Contractor, business entity, or individual that responds to this ITB and the response does not conform to the mandatory or essential requirements contained in this ITB.

ITB24250076B-TL – Carpet Cleaning Page 6 of 31 Last update: 10-14-24

E. Responsible. A Contractor, business entity or individual that responds to this ITB and the response provides the required documentation supporting that it has the ability or capability to fully perform the requirements of this ITB.

F. Responsive. A Contractor, business entity or individual that responds to this ITB and the response fully conforms in all material respects to the ITB and all of its requirements, including all form and substance.

G. Solicitation. This Invitation to Bid document.

2. PRICING / TAXES. All pricing shall be based on FOB Seminole County Florida and will include all packaging, handling, shipping charges, and delivery to any point within Seminole County Florida to a secure area or inside delivery. The School Board is exempt and does not pay Federal Excise or State of Florida Sales taxes.

3. MATERIALS. Contractor shall be responsible for providing all materials at a cost-plus basis as shown on the Price Schedule, unless it is advantageous for SBSC to purchase these products directly in which case Contractor will not be entitled to recover cost of materials or any mark up.

This shall be determined prior to the start of each project. When product is purchased by SBSC, it shall be the responsibility of SBSC to ensure the products are delivered on-site in time to comply with the project schedule. Contractor must make all reasonable and legal efforts to avoid payment of sales or other taxes. Notwithstanding, Contractor is only entitled to reimbursement for sales or other taxes actually paid and may not mark up sales or other taxes paid for purchase of materials.

4. EQUIPMENT RENTALS. All equipment rentals shall be billed on a cost-plus basis as shown on the Price Schedule. Contractor shall make all reasonable and legal efforts to avoid payment of sales or other taxes. Notwithstanding, Contractor is only entitled to reimbursement for sales or other taxes actually paid and may not mark up sales or other taxes paid on equipment rentals.

5. PRICE ADJUSTMENT CLAUSE. The Bid price shall remain in effect for the term of the award.

A comparable price adjustment may be considered at SBSC’s sole discretion for an increase in Federal or State of Florida minimum wage or both provided Contractor provides sufficient documentation to justify a price adjustment.

6. TERMS OF PAYMENT / INVOICING. The normal terms of payment will be Net 30 days from receipt and acceptance of goods or services and Contractor’s invoice. Itemized invoices bearing the Purchase Order number must be mailed on the day of shipment. Invoicing subject to cash discounts will be mailed on the day that they are dated.

7. TRANSPORTATION AND TITLE.

A. Title to the goods shall pass to the School Board upon receipt and acceptance at the destination unless indicated otherwise herein. Until acceptance, the Contractor retains the sole insurable interest in the goods.

B. The shipper shall prepay all transportation charges. The School Board will not accept collect freight charges.

C. No premium carriers shall be used for the School Board’s account without prior consent of the Director of Purchasing and Distribution Services.

8. RISK OF LOSS. The Contractor shall assume the following risks:

A. All risks of loss or damage to all goods, work in process, materials, and equipment until the delivery thereof as herein provided;

B. All risks of loss or damage to third persons and their property until delivery of all goods as herein provided;

C. All risks of loss or damage to any property received by the Contractor or held by the Contractor or its suppliers for the account of the School Board, until such property has been delivered to the School Board;

ITB24250076B-TL – Carpet Cleaning Page 7 of 31 Last update: 10-14-24

D. All risks of loss or damage to any of the goods or part thereof rejected by the School Board, from the time of shipment thereof to Contractor until redelivery thereof to the School Board.

9. PACKING LIST. All shipments shall include an itemized list of each package contents and reference the School Board‘s Purchase Order number. No charges shall be allowed for cartage or packing unless agreed upon by the School Board prior to shipment.

10. INSPECTIONS AND TESTING. The School Board will have the right to expedite, inspect, and test any of the goods at work covered by this Bid. All goods or services are subject to the School Board’s inspection and approval upon arrival or completion. If rejected, they will be held for disposal at the Contractor’s risk. Such inspection, or the waiver thereof, however, shall not relieve the Contractor from full responsibility for furnishing goods or work conforming to the requirements of this Bid or the Bid Specifications, and will not prejudice any claim, right, or privilege the School Board may have because of the use of defective or unsatisfactory goods or work.

11. STOP WORK ORDER. The School Board may at any time by written notice to the Contractor stop all or any part of the work for this Bid award. Upon receiving such notice, the Contractor shall take all reasonable steps to minimize additional costs during the period of work stoppage.

The School Board may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or terminate the work in accordance with the provisions of the Bid terms and conditions.

12. WARRANTY. All goods and services furnished by the Contractor, relating to and pursuant to this Bid shall be warranted to be free of defects, meet or exceed the Specifications contained herein, and fit for the intended use. In the event of breach, the Contractor shall take all necessary action, at Contractor’s expense, to correct such breach in the most expeditious manner possible.

13. INDEMNIFICATION. The Contractor agrees to indemnify and save harmless the School Board, its officers, agents and employees from and against any and all claims and liabilities (including expenses) for injury or death of persons or damage to any property which may result, in whole or in part, from any act or omission on the part of the Contractor, its agents, employees, or representatives, or are arising from any Contractor furnished goods or services, except to the extent that such damage is due solely and directly to the negligence of the School Board.

14. INSURANCE. Contractors and vendors shall provide a certificate(s) evidencing such insurance coverage to the extent listed in Sections 1-5 below before commencement of work.

Insurance listed in Section 1 below is required of all Contractors and vendors: SBSC and its

Board members, officers, and employees shall be named as an additional insured to the Commercial General Liability insurance policy on a form no more restrictive than ISO form CG 20 10 (Additional Insured -– Owners, Lessees, or Contractor). If SBSC and its Board members, officers, and employees are not named as additional insureds then SBSC reserves the right terminate this agreement.

Insurance listed in Section 2 below: All Contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of SBSC are required to carry this insurance to the limit listed below. All non-construction Contractors whose work for SBSC includes products or services, and the value of these products or services are in excess of $25,000 are required to carry this insurance to the limit listed below.

Insurance listed in Section 3 below: Any Contractor or vendor transporting district employees, delivering or transporting district owned equipment or property, or providing services or equipment where a reasonable person would believe SBSC is responsible for the work of the Contractor from portal to portal is required to carry this insurance to the limit listed below.

ITB24250076B-TL – Carpet Cleaning Page 8 of 31 Last update: 10-14-24

Insurance as listed in Section 4 below: All non-construction Contractors and vendors that have one (1) or more employees or subcontracts any portion of their work to another individual or company are required to have Workers’ Compensation insurance. For contracts of $25,000 or more, no State of Florida, Division of Workers’ Compensation, Exemption forms will be accepted. All Contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of SBSC are required to have Workers’ Compensation insurance. All entities and individuals required to have Workers’ Compensation insurance must purchase a commercial Workers’ Compensation insurance policy to the limits listed below. The Workers’ Compensation policy must be endorsed to waive the insurer’s right to subrogate against SBSC, and its Board members, officers and employees in the manner which would result from the attachment of the NCCI Waiver of Our Right to Recover from Others Endorsement (Advisory Form WC 00 03 13).

Insurance as listed in Section 5 below: All Contractors providing professional services including, but not limited to, architects, engineers, attorneys, auditors, accountants, etc. are required to have this insurance to the limits listed below.

All Contractors shall carry and maintain policies as described in Sections 1 to 5 below and as checked off in the box to the left of each Section 1 to 5 below. All required insurance must be from insurance carriers that have a rating of “A” or better and a financial size category of “VII” or higher according to the A. M. Best Company. All required insurance policies must be endorsed to provide for notification to SBSC thirty (30) days in advance of any material change in coverage or cancellation. This is applicable to the procurement and delivery of products, goods, or services furnished to the School Board of Seminole County, Florida.

The Contractor shall, within thirty (30) days after receipt of a written request from SBSC, provide

SBSC with a certified copy or certified copies of the policy or policies providing the coverage required by this Section 12. The Contractor may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required by Section 12.

All insurance provided by the Contractor shall apply on a primary basis to and shall not require contribution from, any other insurance or self-insurance maintained by SBSC. Any insurance, or self-insurance, maintained by SBSC shall be in excess of, and shall not contribute with, Contractor-provided insurance.

1. Commercial General Liability Insurance:

Bodily Injury and Property Damage

Per Occurrence - $1,000,000 General Aggregate - $2,000,000

2. Product Liability and/or Completed Operations Insurance:

Bodily Injury and Property Damage

Products – Completed Operations Aggregate - $2,000,000

3. Automobile Liability:

Bodily Injury and Property Damage:

Combined Single Limit (each accident) - $1,000,000

4. Workers’ Compensation/Employer’s Liability:

W.C. Limit Required* - Statutory Limits E.L. Each Accident - $ 500,000

E.L. Disease – Each Employee - $ 500,000 E.L. Disease – Policy Limit - $ 500,000

ITB24250076B-TL – Carpet Cleaning Page 9 of 31 Last update: 10-14-24

5. Professional Liability Insurance (Errors and Omissions):

For services, goods or projects that will exceed $1,000,000 in values over a year.

Each Claim - $1,000,000

Annual Aggregate - $2,000,000 For services, goods or projects that will not exceed $1,000,000 in values over a year.

Annual Aggregate - $1,000,000

6. Environmental / Pollution Liability:

Bodily Injury and Property Damage:

Environmental / Pollution Liability Aggregate - $2,000,000

Except as otherwise specifically authorized in this Agreement, no deductible or self-insured retention for any required insurance provided by the Contractor pursuant to this Agreement shall be allowed.

To the extent any required insurance is subject to any deductible or self-insured retention (whether with or without approval of SBSC), the Contractor shall be responsible for paying on behalf of SBSC (and any other person or organization that the Contractor has, in this Agreement, agreed to include as an insured for the required insurance) any such deductible or self-insured retention.

The Contractor shall continue to maintain products/completed operations coverage in the amounts stated above for a period of three (3) years after the final completion of the work.

Professional Liability coverage must be maintained in the amounts stated above for a two-year period following completion of the contract.

Compliance with these insurance requirements shall not limit the liability of the Contractor, its subcontractors, sub-subcontractors, employees, or agents. Any remedy provided to SBSC or SBSC’s Board members, officers or employees by the insurance provided by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of the Contractor) available to SBSC under this Agreement or otherwise.

Neither approval nor failure to disapprove insurance furnished by the Contractor shall relieve the Contractor from the responsibility to provide insurance as required by this Agreement.

15. SOVEREIGN IMMUNITY / LIMITED LIABILITY. Notwithstanding any provision herein or attached hereto, nothing shall be construed as a waiver of School Board’s rights and sovereign immunities under Florida Statutes. School Board damages shall be limited in accordance and to the extent allowed by §768.28 Florida Statute.

16. LAWS AND REGULATIONS. Contractors shall comply with all applicable federal, state and local laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under these Acts.

Contractors agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin. Lack of knowledge of applicable laws, statutes and ordinances by the Contractor shall not constitute a cognizable defense against actual or potential damages caused thereby.

17. GOVERNING LAW & VENUE. All agreements as a result of an award hereto and all extensions and modifications thereto and all questions relating to its validity, interpretation, performance or enforcement shall be governed and construed in conformance to the laws of the State of Florida.

In the event of a legal proceeding, the venue for state court shall be in Seminole County Florida or for federal court be United States District Court, Middle District of Florida, and Orlando Division.

18. PATENTS, COPYRIGHTS & ROYALTIES. Contractors agree to indemnify and save harmless the School Board, its officers, employees, agents, or representatives from liability of any nature

ITB24250076B-TL – Carpet Cleaning Page 10 of 31 Last update: 10-14-24 or kind, including cost and expenses for or on account of copyrighted, patented or un-patented invention, process or article of manufactured or used in the performance of the contract award hereunder. If the Contractor uses any design, device or materials covered by royalties or cost arising from the use of such design, device or material in any way involved in the work shall be included in the price proposal of the Contractor.

19. PERMITS/LICENSES/FEES. Any permits, licenses, or fees required shall be the responsibility of the successful Contractor; no separate or additional payment shall be made. A copy of these licenses and permits shall be submitted to the Procurement Agent prior to commencement of work. If the service(s) being provided requires that individuals or organizations be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such license(s) should be obtained by the Bid due date and time. For state licensing, contact the Florida Department of Business and Professional Regulation, Tallahassee, FL 32399-0797, Phone 850.487.9501.

20. CONTRACTOR’S EMPLOYEE BACKGROUND CHECK. All Contractor employees that require access to school campuses must be cleared by School Board or an appropriate agency and wear a School Board issued current picture identification badge. Contractors hereunder shall comply with the required background check of employees and with any requirements regarding wearing of PPE equipment as may be applicable and failure to comply shall be considered a material breach of contract. Refer to https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml for School Board for Background Check Requirements

A. CLEARANCE BY SCHOOL BOARD. Contractor shall comply with the requirements of the Jessica Lunsford Act §1012.465 Florida Statute in regards to fingerprinting and level 2 background screenings of all applicable employees and any sub-contractor employees.

B. CLEARANCE BY OTHERS. Pursuant to §1012.468 Florida Statute, if Contractor employees have been cleared by another agency and already possess a uniform statewide identification badge issued by the agency, Contractors are required to complete the FSSR Form for School Board badging.

21. TERMINATION.

A. DEFAULT. The School Board may terminate all or any part of a subsequent award by giving notice of default to Contractor, if Contractor:

1) Refuses or fails to deliver the goods or services within the time specified;

2) Fail to comply with any of the provisions of this Bid or so fails to make progress as to endanger performances, hereunder, or;

3) Becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School Board’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination.

4) Termination for cause includes terminations under 287.135, F.S.

B. CONVENIENCE. The School Board may terminate for its convenience at any time, in whole or in part any subsequent award. In which event of termination for convenience, the School Board’s sole obligations will be to reimburse Contractor for:

1) Those goods or services actually shipped / performed and accepted up to the date of termination, and

2) Costs incurred by Contractor for unfinished goods, which are specifically manufactured for the School Board and which are not standard products of the Contractor, as of the date of termination, and a reasonable profit thereon.

https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml

ITB24250076B-TL – Carpet Cleaning Page 11 of 31 Last update: 10-14-24

In no event is the School Board responsible for either loss of anticipated profit or reimbursement exceeding the Bid value.

C. FUNDING. Contracts awarded hereunder are subject to the appropriation and availability of funds as approved by the School Board of Seminole County Florida. In the event funding for the specific purpose of this solicitation is not funded or such funds are insufficient, the contract may be terminated immediately without penalty.

22. PERFORMANCE. In an effort to reduce the cost of doing business with the School Board, and unless indicated elsewhere a Bid or performance bond may not be required. However, upon award and subsequent default by Contractor, the School Board reserves the right to pursue any or all of the following remedies:

A. To accept the next lowest available Bid price or to purchase materials or services on the open market, and to charge the original award the difference in cost via a deduction to any outstanding or future obligations;

B. The Contractor in default will be barred for consideration of future Bid awards for a period of time determined by the severity of the default, but not exceeding three (3) years.

C. Any other remedy available to the School Board in tort or law.

23. FORCE MAJEURE. Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense (“Force Majeure”). In no event shall a lack of funds on the part of either party be deemed Force Majeure.

24. ASSIGNMENT. Any Purchase Order or contract issued pursuant to an award hereunder, and the monies that may become due are not assignable except with the prior written approval of the School Board, through the Purchasing and Distribution Services Department.

25. AUDIT AND INSPECTION. The School Board or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this agreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this agreement.

Documents / records in any form shall be open to the Board's representative and may include, but are not limited to, all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the Board and the Contractor.

26. CONTRACTOR’S PUBLIC RECORDS. Pursuant to §119.0701 Florida Statutes, “Contractors” as defined by statute that enter into a contract for services with the School Board and are acting on behalf of the School Board are required to comply with public records laws and to specifically:

A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.

B. Provide the public with access to public records on the same terms and conditions that the School Board would provide the records and at a cost that does not exceed the cost provided by statute or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

D. Meet all requirements for retaining public records and transfer, at no cost, to the School Board all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be

ITB24250076B-TL – Carpet Cleaning Page 12 of 31 Last update: 10-14-24 provided to the School Board in a format that is compatible with the information technology systems of the School Board.

E. If a Contractor does not comply with a public records request, the School Board shall enforce the contract provisions which may include immediate termination of contract.

F. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS, CAROLYN BEDSOLE, IS PROJECT

MANAGER AT 407-320-0466, carolyn_bedsole@scps.k12.fl.us, THE SCHOOL

BOARD OF SEMINOLE COUNTY, FLORIDA, 400 EAST LAKE MARY BLVD.,

SANFORD, FLORIDA 32773.

27. FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS REGISTRATION

REQUIREMENTS.

A. Respondents who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number, and a screen shot of their “active” status. All registered respondents must have an active status in order to be eligible to do business with the School Board. Respondents doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; example: ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit: www.Sunbiz.org.

B. If the firm is not located in Florida, the firm must provide their state’s document number and a screen shot of their current, date-identified “active” status with their submittal.

28. PUBLIC ENTITY CRIMES. A Bidder who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit Bid on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

29. OTHER AGENCIES. All respondents awarded contracts from this solicitation may, upon mutual agreement with the awarded respondent(s), permit any school board, community college, state university, municipality or other governmental entity, to include Public Charter Schools to participate in the contract under the same prices, terms and conditions. Further, it is understood that each entity will issue its own purchase order to the awarded respondent(s).

30. DRUG-FREE WORKPLACE. Whenever two or more Solicitations are equal with respect to price, quality, and service, a Solicitation received from a business that certifies that it has implemented a drug-free workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process. If the Contractor does not maintain a formal “Drug Free Workplace” or does not perform random drugs tests on its employees, then the Contractor’s employee must submit to a drug test by the School Board at a cost of $27.00 prior to working on the School Board account. (See Attachment “A”).

31. NEW MANUFACTURE. The items Bid shall be new and currently manufactured model of the best quality and highest-grade workmanship, carry the manufacture’s standard warranty as a minimum, and be equal to the specifications stated herein. Unless stated otherwise, used, remanufactured, refurbished, or reconditioned products are unacceptable.

32. SAMPLES AND BRAND NAMES.

A. BRAND NAMES. Specifications referencing specific brand names and models are used to reflect the kind and type of quality in materials and workmanship, and the mailto:carolyn_bedsole@scps.k12.fl.us http://www.sunbiz.org/

ITB24250076B-TL – Carpet Cleaning Page 13 of 31 Last update: 10-14-24 corresponding level of performance the School Board expect to receive as a minimum.

Bidders offering equivalents or superior products to the brand/model referenced will: (a) reference on the Bid in the space provided the manufacturer’s name, brand name, model and/or part number; (b) next to the price Bidder will indicate “ALT” to reflect an alternate offering; (c) where no sample is provided with the Bid, Bidders will enclose sufficient technical specification sheets and literature to enable the School Board to reach a preliminary evaluation; (d) the School Board may request and Bidder agrees to submit a sample or to provide its product on-trial or demonstration, whichever the School Board may deem appropriate, at no charge to the Board; (e) the School Board reserves the right to determine the acceptability of any alternatives offered.

B. SAMPLES. Any sample requested by this Bid or to be provided at the Bidder’s option, should be forwarded under separate cover to the attention of the Purchasing and Distribution Services Department. The package or envelope will reference the “Bid Number”, “Bid Title”, and “Bid Item Number” and clearly marked “Samples”. All samples will be provided free of charge, including transportation charges. Bidders are responsible for notifying and making arrangements for a pickup from the School Board if a return of samples is expected. All samples unclaimed for thirty (30) days will be disposed of at the discretion of the School Board.

33. SUBSTITUTIONS. Substitution of other brands for items awarded and ordered is prohibited.

In the event an awarded item is discontinued by the manufacturer during the term of the contract and is not available from either the Contractor’s or the manufacturer’s inventory then the Contractor must provide written notification from the manufacturer that the item has been discontinued. The Contractor must file a written request with the Procurement Agent and be granted approval to substitute. Requests to substitute shall be accompanied by complete specifications for the proposed substitute and a sample may be requested.

34. GENERAL EVALUATION CRITERIA.

A. Primary factors used to decide the award hereunder will be price, ability to meet specifications and responsiveness. In the event alternatives are offered, the School Board reserves the right to consider and accept or reject alternatives at its discretion.

B. A Bidder’s past performance may be used in the evaluation of this Bid.

C. The School Board reserves the right to evaluate by lot, by partial lot, or by item, and to accept or reject any Bid in its entirety or in part, and to waive, but not obligated to, minor irregularities if the Bid is otherwise valid.

D. In the event of a price extension error, the unit price will be accepted as correct.

E. The School Board may consider in conjunction to any award hereunder, those products, services and, prices available to them through contracts from state, federal, and local government agencies or other School Boards within the State of Florida.

F. Changes or amendments to the School Board standard “General Purchasing Terms and Conditions” submitted with your Invitation to Bid document may result in your Bid being deemed “non-responsive.”

G. The district hereby notifies interested parties that the purchasing agreements and state term contracts, available under Section 287.056, of the Department of Management Services will be reviewed for the subject of the award recommendation of this solicitation.

35. POSTING OF BID CONDITIONS/SPECIFICATIONS, CLARIFICATIONS, AND

INTERPRETATIONS.

A. This Bid will be posted for review by interested parties on VendorLink, the School Board’s third party notification service, and this link is accessible on the Purchasing and Distribution Services Department’s website at:

https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/

ITB24250076B-TL – Carpet Cleaning Page 14 of 31 Last update: 10-14-24 and will remain posted up to and including the Due Date of this Bid. In accordance with Florida Statutes 120.57(3), with respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Failure to file a specification protest within the time prescribed in Florida Statutes 120.57(3) will constitute a waiver of proceeding under Chapter 120, Florida Statutes. School Board Policy #6326 – Bid Protests may be found online at https://www.scps.k12.fl.us/district/school-board/policies-procedures/.

B. Any questions concerning the terms, conditions or specifications will be directed to the designated Procurement Agent referenced on the Bidder’s Acknowledgement. Any ambiguities or inconsistencies shall be brought to the attention of the designated Procurement Agent in writing at least ten (10) workdays prior to the due date of the Bid.

Failure to do so, on the part of the Bidder will constitute an acceptance by the Bidder of any consequent decision.

C. An addendum to the Bid shall be issued and posted for those interpretations that may affect the eventual outcome of this Bid. It is the Bidder’s responsibility to assure the receipt of all issued addendum. No person is authorized to give oral interpretations of or make oral changes to the Bid. Therefore, oral statements given before the Bid due date will not be binding. The School Board will consider no interpretations binding unless provided for by issuance of an addendum. Addenda will be posted at least five workdays prior to the due date on the third party notification link and is accessible on the Purchasing and Distribution Services Department’s website at:

https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/. The Bidder shall acknowledge receipt of all addenda by signing and enclosing said addenda with their proposal.

D. The School Board reserves the right to allow for clarification of questionable entries, and for the Bidder to withdraw items with obvious mistakes.

36. SOLICITATION DOCUMENTATION & PUBLIC RECORDS. Meetings involving oral presentations by Bidders or negotiations are closed to the public. Responses to this solicitation, and recordings of oral presentations or negotiations shall become “public records” upon award recommendation or thirty (30) days after the solicitation due date, whichever is earlier, and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Bidders must invoke the exemptions to disclosure provided by law in response to this solicitation, identify the data and other material to be protected, and state the reasons why such exclusion from public disclosure is necessary.

37. CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL. The Bidder must clearly identify any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119 Florida Statutes, the Florida Constitution or other authority. The Bidder must also simultaneously provide the School Board with a separate redacted copy of its response. The redacted copy shall contain the School Board’s solicitation name, number, and the name of Bidder on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to the School Board at the same time Bidder submits its response to the solicitation and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

A. Bidder shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure.